The Second Day's Proceedings, July 21, 1651

The Court being seated, Colonel West, Lieutenant of the Tower, was commanded to bring forth his prisoner, and Mr. Love was brought to the Bar.

Master Jaquel was called into the Court, and the Clerk tendered him his oath, and Mr. Jaquel spoke to the Court to this purpose.

That there were many oaths abroad, and he could not tell what to say to them, and he desired to be excused. The Lord President told him that he could not be excused. Mr. Jaquel said, he was a prisoner accused of the same offences that Mr. Love was accused of, and that he conceived he was not a competent witness against him: the Court again pressed him to take his oath. Mr. Jaquel said, that he dared not in conscience swear against Mr. Love, and therefore desired it might not be pressed upon him. The Court still persisted in it, that he must take his oath, and witness what he knew; he answered, he would speak the truth of what he knew, as well as if he was under an oath. The Court told him, that that could not be, for if he did not swear, what he should say, could not be received as anything in matter of evidence. Mr. Jaquel still persisted in his refusal; when the Court saw he could not be otherwise prevailed with, they fined him five hundred pounds for refusing to swear; and Mr. Jaquel after he was withdrawn out of the Court, was called in again, and pressed to take his oath, and was told that the Court had fined him five hundred pounds for refusing to swear, and again asked him whether he would swear. Mr. Jaquel then, when the oath was read to him, did not swear in that manner as the other witnesses did, but only put his hand to his buttons, and when Mr. Love asked him whether he was under an oath, he answered that he was as good as under an oath: but the Court not being satisfied with that answer, pressed him further, and then he did say, he was sworn, and was under an oath.

Lord President: Declare now what you know of this business.

Mr. Jaquel: My Lord, for the paper I was examined about, as for knowing Titus, I never saw him in my life but one quarter of an hour in a private house, and I knew nothing of his business anywhere. For the other, Alford coming over with letters, I was at Mr. Love's house, and when I was there, there were several men there.

Attorney General: In what part of Mr. Love's house.

Jaquel: I conceive in his chamber, for I went up to several that were there, whose names I can positively say, for two or three of them, though I cannot remember the other absolutely, though I conceive most I have named in my examination were there; Captain Potter was there, and Doctor Drake, and Mr. Alford, and Mr. Love was there sometimes, though diverse times he went out, some coming to speak with him.

Attorney General: Was there not a copy of a letter said to be sent from the King, read there?

Mr. Jaquel: I remember no such thing.

Attorney General: Was there not a narrative.

Jaquel: Yes, from Titus, wherein he declared the King's inclinations to make peace with the Scots; but that his wicked counsel about him did hinder it.

Attorney General: Was not this of what Titus had related from Jersey, the narrative of what had passed between him and the King there?

Jaquel: I think it was.

Attorney General: Was not Mr. Alford sent to receive an account from him to Calais?

Jaquel: William Drake did tell me so afterwards.

Attorney General: Did Mr. Alford deliver no account there?

Jaquel: I think it was Mr. Alford read the narrative.

Attorney General: Did he make no relation by word of mouth?

Jaquel: Truly, I cannot remember.

Attorney General: You cannot remember it was read?

Jaquel: Yes, I am sure it was read, and at Mr. Love's house.

Attorney General: And he was present sometimes.

Jaquel: Yes, sometimes.

Attorney General: What money was there agreed upon to be provided for Titus?

Jaquel: I know of none. It was moved by Captain Potter that there might be forty pounds, but I know of none, nor was it agreed by Mr. Love, Mr. Drake or myself, that we should lay down any at all.

Attorney General: Did you not meet with William Drake, and desire to go along with him to see Titus?

Jaquel: I did so, but I think Drake desired it. I met him in Newgate market, and, says he, I am going to see Titus, go along with me; I said, I never saw him, nor did I know him: says he, You shall not stay at all: whereupon we went and found him in a cheese-monger's house in Newgate market.

Attorney General: What discourse had you?

Jaquel: He said, he was newly come out of Holland, and he had been with the King, and he was a man of excellent parts for his years, and that he was inclined to what was good, but that he had such desperate evil counsel about him; and that he did much pity him, and that his clergy especially was wicked; and he proposed nothing to us, nor did I ever see his face afterwards, and this is about two years and a half ago; and for any other meetings at the Swan Tavern, or for any agents, I never met him, or saw him.

Attorney General: Do you not remember at any meeting, that there was money proposed for Captain Titus, or for Alford's being sent over to Calais? Speak what you know of that, and by whom it was told you?

Jaquel: Major Alford himself told me he was to meet his son, and he went over upon that score; but after he was gone, William Drake told me he was gone to see or meet Captain Titus, I am not certain of the words; and when he did come again, which was the next time I heard of him, then William Drake comes to me, and desired me to go along with him, for I think he went up and down to every man.

Attorney General: You think then that William Drake was the prime man.

Jaquel: Yes, he was the actor and the agent that moved all.

Attorney General: When Alford returned, he desired you to go with him.

Jaquel: To Mr. Love's house.

Attorney General: What was done at Mr. Love's house?

Jaquel.: There were some papers read, which Alford, as I take it, read, or William Drake, I am not certain which; but read it was, of a relation, that Titus came out of Jersey, and had seen the King there, and the Scots Commissioners, and that the King had a great inclination to agree with the Scots Commissioners, and that he was a man of excellent inclinations and parts, and had a great desire to agree, but his counsel, and wicked crew about him would not let him; and he said, as I remember, that the King was a kind of a prisoner with them there, and said, his counsel did hinder him, or else, if he were from them, he would agree with the Scots Commissioners.

At. Gen.: You say, this paper was read; this narrative was read, and in Mr. Love's house; was not Mr. Love present?

Jaquel.: I am not able to say he was, when I came in, I remember he was not in the room, and he was there two or three times while I was there, but he was several times called out.

Att. Gen.: Do not you know there was an agreement of a letter written back to Titus?

Jaquel.: I can remember no such thing, but I think William Drake told me so, as I remember, but that was two years ago, I do verily believe by what I conceived, was of his writing.

L. Pres.: I could wish that men's consciences could not be scrupled to believe so much of a minister, more than of a magistrate; I hold it pernicious doctrine for any man to think he is bound more to obey the minister, than the magistrate: I ask you then before the magistrate here, who was present at that meeting?

Jaquel.: William Drake, I am sure, and Major Alford was there, and Captain Potter, and several others, as I remember, Master Jenkyns.

Att. Gen.: This was in Mr. Love's house, was it not in his study?

Jaquel.: I cannot tell that, I say, as I conceive, that Master Jenkyns, and Master Case were there, but positively I cannot say it, and Mr. Jackson, and Mr. Nalton, I think.

Att. Gen.: What say you of Mr. Watson?

Jaquel.: I think he was there.

Att. Gen.: What say you of Mr. Herring?

Jaquel.: I think he was.

Att. Gen.: What say you of Mr. Cauton.

Jaquel.: In truth, I cannot tell.

Att. Gen.: What say you of Mr. Robinson?

Jaquel.: I think he was.

Att. Gen.: What say you of Mr. Drake?

Jaquel.: Yes.

Att. Gen.: Was Colonel Vaughan there?

Jaquel.: Yes, I conceive he was there.

Att. Gen.: Was Master Jackson there?

Jaquel.: Yes.

Att. Gen.: Was Capt. Far, and Capt. Potter there?

Jaquel.: I believe so.

Att. Gen.: Was Mr. Gibbons there?

Jaquel.: I cannot tell.

Att. Gen.: What say you of Mr. Sterks?

Jaquel.: No Sir, I do not know it.

Att.: Did you not know him to be the Scotch Agent? Was he not taken among you to be an agent from Scotland?

Jaquel.: Yes, he was a Scotch man.

At. Gen.: And for contribution of money, what money did you pay, and to whom?

Jaquel.: Two five pounds to Mr. Drake.

At. Gen.: For what use?

Jaquel.: For charitable uses.

At. Gen.: Then he asked it of you so, or for that purpose; but afterwards, what did you learn it was employed about?

Jaquel.: Sir, he did not tell me how he did employ this money; but afterwards, I heard him say, that he had sent Titus money.

At. Gen.: What did you contribute to Sterks his going into Scotland?

Jaquel.: Ten shillings.

At. Gen.: And who else did contribute, that was there? And how much was the sum that was collected?

Jaquel.: I cannot tell.

At. Gen.: How much do you guess, or have heard?

Jaquel.: Four or five pounds, I think.

At. Gen.: Ask him who gave the Scotchmen money.

Jaquel.: Truly, I did give several Scotchmen money, both to poor ministers and others, that were banished by the act, because I knew they were very poor, and knew not how to get away; and I did it out of charity towards them.

L. Pres.: Because the state had an ill opinion of them, therefore you had a good opinion of them.

Jaquel.: There was one minister that had twelve children that was banished.

At. Gen.: Were you at any meetings at Mr. Love's after Dunbar fight?

Jaquel.: No not I.

At. Gen.: At what fast were you at, and who officiated at those fasts?

Jaquel.: I was at Major Adams, and Colonel Bartons.

At. Gen.: Who did exercise at those fasts? Was Mr. Love, Mr. Jenkyns, Mr. Case, any of them?

Jaquel.: I believe they were, I conceive so, I profess I cannot remember, I believe Mr. Jenkyns was there.

At. Gen.: Was not Mr. Love one of them?

Jaquel.: Yes, he was.

At. Gen.: What was the occasion of those fasts?

Jaquel.: I know no particular occasion, but for the good of the two nations.

At. Gen.: How do you know they were for the good of the two nations? Was it not for an agreement between the King, and the Scots?

Jaquel.: I confess, it was for the good of both nations, as both nations are the Church of God; and do both profess themselves Protestants, and of one religion; and I conceived, it was my duty to pray for the good of them both.

At. Gen.: But was there not some expressions for a blessing upon the treaty at Breda?

Jaquel.: I cannot remember such expressions; for in such duties, I desire to have my heart lifted up to God: And, my Lord, it is a great while ago.

L. Pres.: Will you say your heart is lifted up to God, when your understanding is in your heels?

Jaquel.: My Lord, I do not remember one passage in prayer a week after.

At. Gen.: That is in ordinary meetings, but this was for both nations; but by what did you know, that this was for the good of both nations, and why was it pretended to be for the good of both? And, my Lord, why they should not meet before, but just at that time, and at a private fast?

Jaquel.: I think that since the nations of England and Scotland were at odds, I have been at twenty fasts.

At. Gen.: My Lord, ask him, whether he were not late with Potter, and did not meet with him about letters from Bamfield, and where they went to read them?

Jaquel.: This was about February or March last, he told me he received letters, and desired me to go along with him to Mr. Love's, and after Dr. Drake came in, and then these letters were read; and I profess, I know not from where they came, nor the man; and so did Mr. Love declare, that he never saw, nor knew, nor heard of Bamfield before.

At. Gen.: Did he not make mention of Parties in Scotland, that one party was for the King, another for the King and Kirk, a third neither for King, nor Kirk?

Jaquel.: Yes.

At. Gen.: But who were those he named, that were men for the King?

Jaquel.: I think, Hamilton and his party.

At. Gen.: And who for the King and Kirk?

Jaquel.: Argile and Leshley.

At. Gen.: And who neither for King nor Kirk?

Jaquel.: Straughan and Car.

At. Gen.: What, did he tell you of the young Kings escaping?

Jaquel.: Something there was in that, but he was fetched back again.

At. Gen.: What said he of Argile?

Jaquel.: Nothing at all, as I remember.

At. Gen.: Was there not an expression, That they were now agreed to receive in the whole Nation, unless it were those that were notoriously scandalous and excommunicated?

Jaquel.: I believe there was.

At. Gen.: Did it not mention five thousand pounds for providing of shipping?

Jaquel.: Yes; in the Narrative or Letter; whether there related at that time, I know not.

At. Gen.: And what mention was there made, who were fit to command in England, if that party should come from there into England?

Jaquel.: I conceive there were three Noblemen.

At. Gen.: Name them.

Jaquel.: My Lord of Suffolk, my Lord of Warwick, and my Lord of Manchester, or either of them.

At. Gen.: That was propounded by Bamfield, but I hope those Lords were more noble, than to do any such thing: Was there not another Letter that came with that of Bamfields, sent by my Lord of Argile, and it was only, That there should be an approbation of him: And was this Letter likewise read at the same time, and at the same place?

Jaquel.: Yes, my Lord.

At. Gen.: What was then propounded for money to be raised for Bamfield?

Jaquel.: Truly, Captain Potter did make mention for Forty pounds to be raised, Ten pounds for Colonel Bamfields man, and thirty pounds for Bamfield himself; but that business at the reading was wholly declined, and absolutely refused by all, to act any thing in that relation, in which it was sent over; whereupon, Captain Potter did move, that if nothing were done in that, whether it were not convenient to send the Messenger something to bear his charges; says he, If you will pay the messenger Ten pounds, and send Bamfield Thirty pounds, I will give the messenger the Ten pounds; but there was no Agreement, not Conclusion, I know of, no Bill of Exchange that was sent, but Captain Potter said, he would lay down Ten pounds.

At. Gen.: But no body spoke against Captain Potters laying down of Ten pounds; and it was propounded to you to lend Ten pounds, and you said you would consider of it; but did Potter lend it?

Jaquel.: I cannot tell that, my Lord, he said he would do it.

At. Gen.: My Lord, let now Master Jaquel tell you what was the cause, why they did refuse to do any thing in the Letter about Five thousand pounds; what was the cause upon the debate between you at Mr. Loves house? why you did refuse to do any thing about the Five thousand pounds?

Jaquel.: The debate was soon over; for we absolutely refused it, we would not meddle in it, not liking the business; it was a trouble, I am confident, to them that heard it read.

At. Gen.: You do not remember, that ever any body did acquaint the Magistrate with the design in working from Scotland?

Jaquel.: No, not I.

At. Gen.: Did not some say, That Bamfield was a malignant?

Jaquel.: I cannot tell, but I never heard of him before.

At. Gen.: Were you not told he was a Cavalier, and of the Kings side, and that that was the true reason, why they would not trust him?

Jaquel.: I do not remember any such thing.

At. Gen.: Did Mr. Love agree for Ten pounds for Bamfields man, and Thirty pounds for Bamfield?

Jaquel.: No, I cannot say so.

At. Gen.: Did not Major Alford tell you upon his return from Calice, that he was sent there to take an account from there?

Jaquel.: He did not, but William Drake did tell me, that he was gone to Calice to speak with Captain Titus.

At. Gen.: And to take an account of the transaction at Jersey?

Jaquel.: Truly Sir, I cannot say that, but William Drake told me, he was gone there to speak with Titus; and this is above two years ago, that William Drake told me so.

At. Gen.: To what end?

Jaquel.: To tell and hear news.

At. Gen.: What did he do more?

Jaquel.: I profess in the presence of God, I cannot tell Sir, I beseech you; for in the Paper I told you before, there were some circumstances, and something that I cannot say; but it was to this purpose, To speak with Titus, to hear the news from Jersey; but I cannot say certainly that word.

At. Gen.: We do not press you to the word, but to the effect of it; my Lord, I think Mr. Jaquel has given an account already, that this relation was at Mr. Loves house. Mr. Jaquel, let me bring one thing to your remembrance, if it be true, At your meeting at Mr. Loves house, upon this business of Bamfields Narrative, you say, Thirty pounds was moved to be sent to Bamfield, and Ten pounds to his man.

Jaquel.: Yes, by Captain Potter.

At. Gen.: And when it was then said, it was thought fit by Mr. Love, Mr. Drake, and Captain Potter, that it should be so done, whether did you not all agree that it should be so done?

Jaquel.: No, there was no agreement, but it was thought convenient, or to that purpose.

At. Gen.: It was thought convenient by all the company present?

Jaquel.: Truly Sir, there was not much regard taken in that business, nor was there much done; for we did not stay long, but there were such words.

At. Gen.: But by all present?

Jaquel.: Yes, there were such words.

At. Gen.: Whether were not some friends at dinner at Dowgate, and was not Mason there?

Jaquel.: My Lord, There was a Gentleman there, I cannot say, who he was, nor did I see him before or since.

At. Gen.: Who did they tell you it was? did they not tell you, Mason?

Jaquel.: I profess, I cannot remember that, nor can I tell, but I conceive it was so.

At. Gen.: In your Examination, you say it was Mason.

Jaquel.: I said, I conceived so.

At. Gen.: Why did you believe so?

Jaquel.: I cannot tell, but as I remember, William Drake told me, It was so.

At. Gen.: Whether when Bamfields letter came, and the letters from my Lord of Argile, Lowden, and others came, Was there not a letter from Baily?

Jaquel.: I do not remember, my Lord.

At. Gen.: Nor from the General Assembly?

Jaquel.: I do not remember any such thing.

Att. Gen.: Bethink yourself, you are upon your oath, whether he that brought letters from Bamfield, did not bring letters from Baily, and from the General Assembly.

Jaquel.: I cannot remember there was any such thing spoken of there.

Att. Gen.: Was there no expression of letters of thanks for the good affection of the Presbyterian party here, and encouragement to persevere?

Jaquel.: I do not remember any such thing.

Att. Gen.: Was there no promises, that when they by their endeavors should get a free Parliament in England, that they would reimburse all that was laid out

Jaq.: I do remember no such thing.

Mr. Love.: I would ask him some questions; and the first is, whether he has spoken this as a mere relation, or whether he owns all this he has spoken, as under an oath.

Att. Gen.: We are past that my Lord, he did say, he was under an oath.

Mr. Love.: If he say so, I am concluded.

Mr. Jaquel made no answer to this.

L. Pres.: You have asked two questions in a few words: for the first, whether he speak it under an oath; you know, that time was spent to declare it before he began: If you ask of his own knowledge, you mistook it; for he says something he has by relation, and some that he knows: this he has taken notice of, what should we further examine over the same thing; for he says some of his own knowledge, some by relation from particular parties, and some from parties he calls not now to mind: and it was declared by the Court, that he was a witness, and the Court accepted him.

Mr. Love.: I desire your Lordship to ask him this question, whether the supposed Narrative that he speaks of, that Alford said he brought over, and read at my house, was read at my house; or only by Alford, and so brought over as news?

Jaquel.: In truth, my Lord I cannot tell that.

Mr. Love.: He speaks of Sterks a Scotch man, I desire your Lordship to know whether he knows, or can affirm by the oath you say he has taken, that he was a Scotch Agent.

No answer to that question.

Mr. Love.: Sir, Ask him this question, he mentions a fast at Major Adams, or Col. Bartons, and that for the good of both nations; because he thought they were the Church of God; whether there was any intimation in that meeting, that it was under this notion, for the good of both Nations; whether that meeting was for the Scotch Nation to invade the English Nation.

No answer to that question.

Mr. Love.: He said, (if I have taken him rightly, and if not, I desire your Notaries to inform me better) that Mr. Love did not agree to such a sum as forty pounds, and afterwards he said, that all there said, it was convenient. Now I would ask how these two can agree together.

L. Pres.: You are right; for the thing of agreement he disclaimed totally.

Mr. Love.: Then I did not agree to it.

L. Pres.: No, nor any else.

M. Love.: But afterwards he says, that they did conceive it was convenient; Now, I pray ask him, how he knew that I thought it was convenient?

Jaquel.: I cannot say anything that Mr. Love did say it was convenient; but it was not dissented from, nor spoken against by any, as I remember.

Mr. Jaquel withdraws.

Colonel Barton is called into the Court, and is sworn.

Att. Gen.: My Lord, let Colonel Barton tell you what he knows of the meeting at the Swan at Dow-gate.

Col. Barton.: My Lord, I was there a little while after the death of the late King; I was going into Cannon-street, and met with William Drake, he desired me to go with him to the Swan at Dow-gate, I told him I had a little business in Cannon-street, and I would be there by and by: I stayed about half an hour about my business, and went then to the Swan at Dow-gate, and there was, to my best remembrance (for positively I cannot say) William Drake, and one a stranger, Major Huntington, and Lieutenant Colonel Bains, and there was one Captain Titus, as was said, and Major Alford, and I do not remember who else were there. My Lord, at that time truly I was under a defect in my hearing, and since that I have lost an ear, through a huge heat, and cold taken. But, my Lord, I not coming but to the middle of their discourse they had, and not perfectly hearing, could not well judge of their discourse, but afterwards I asked William Drake, what the intent of the meeting was? He told me, that their intentions were to make some addresses or applications (some such word it was) to the Prince, and to take him off from his malignant or evil counsel about him, and to put him upon such as would be more honest and better counselors; and this is the substance of what I then understood from Will. Drake. My Lord, I think, two or three days afterwards, I know not which, there was a meeting again at the White Hart in Basing-lane, and at the corner of Bread-street; there were, I think, most of them that I have named at the first meeting; I am sure William Drake was there, and Captain Titus, and Lieutenant Colonel Bains, and Major Huntington, I cannot tell whether Mr. Alford was there or no, but these I am sure were there; I did not come to the beginning of that meeting neither, the Paper had been read before I came in, to my best remembrance; but I asked William Drake what was the meaning of that meeting? He told me, it was to the same effect that they spoke of before; and they had thoughts to send some body over to the Prince, to persuade him from that condition; a while after I met with Lieutenant Colonel Bains, and truly, I did ask him more fully of the circumstances of that meeting: he told me something that they intended to make use of my Lord Piercy and Jermin, and those about the Prince, which he disliked. Truly, my Lord, it troubled me extremely to think that they should make use of such ill instruments to persuade the King, and I said, I thought it was not well: And the next time I said to William Drake, you have not done well, for it is not a Christian way we take to make use of such men as these to persuade with the King; for do you think that my Lord Piercy and Jermin, and those men will ever persuade the King to leave themselves, and their own counsels? So he put me off, and from that time he was a little more shy of me. Afterwards he did secretly and cunningly get from me ten pounds, and came under a pretence to supply a friend in necessity, and I said to him, you have money of your own; says he, I have not so much as I must needs supply him with, and he could not do it of himself for fear it should be missed. My Lord, I asked him what friend it was; nay, says he, you cannot know that, nor you cannot have it till he is in a condition. To tell you truly, he had been a good customer to me both for himself and friends, and I was loath to deny him it, supposing I should have it again. I afterwards did not, to my best knowledge, meddle or make at any meeting, I was never at any of those meetings after the business at Basing lane, because I disliked them; but afterwards I did suppose that this ten pounds was for Captain Titus; for I did put it to him, and said, I am afraid you did furnish Titus with that ten pounds: What then, said he? Then I shall require it again of you: so he put me off, and run out of the Land. My Lord, for any other meetings, transactions or knowledge of any other thing from the time of the meeting in Basing-lane, I know none. For the Prisoner at the bar, truly I do not remember, and I am confident I was never at his house in my life, nor changed one word with him.

Attorney General: Did you meet with Titus in Fleet-street.

Bart.: I did, my Lord, and I asked him whether the King that was dead (for I knew he was much about the King, because I had heard it) and I asked him (I say) whether the King was a man of those parts he was reported to be. Titus told me, not only of his parts, but virtues: Truly I suspected then, that Titus was not the man he seemed to be, and I feared he was a Cavalier in his heart; and truly that did occasion me, with the dislike of others, to leave their company.

Attorney General: There were sometimes private fasts at your house, [reconstructed: what was] the occasion of them, and who spoke to you for them?

Col. Barton.: My Lord, I do not remember the party that [reconstructed: spoke] to me, I am not certain whether it were Master Vickars, but cannot positively say it, or whether it were by Sir Matthew Brand, or by whom they desired to meet, they met in a room at my house to humble themselves before the Lord; and I cannot say any thing of the Fast, because I had customers, and I did think I was bound to serve my calling; and I was not there above half an hour, and it was up and down, off and on, there were divers Ministers, who did exercise at that time.

Attorney General: Who did exercise at that time?

Col. Barton.: I was not there much of the time, but I think Mr. Jenkins, and to my best remembrance, Mr. Love was there; there was Mr. Tate the Parliament man, to my best remembrance; I think Mr. Jaquel was there, and there was Sir Matthew Brand.

Attorney General: What other Ministers were there?

Col. Barton.: I think Mr. Case, and to my best remembrance Mr. Robinson; but I am not certain.

Attorney General: What was the occasion of your Fasts, and at your house?

Col. Barton.: I knew no occasion, because I was not there, but have heard, a servant of my house, who was there, gives this relation. Mr. Jenkins began in this manner, O Lord, you know we are not fit to put up complaints against any, but to humble ourselves before you, and to pray, that the sins of the Land may be pardoned; but I do not remember there was any word, but for the pardoning the sins of the nation.

Att. Gen.: Was there no sins named in particular?

Col. Barton.: My Lord, I do not remember.

Att. Gen.: My Lord, ask him whether any body has been with him, to call for any money for any parties beyond Sea; for Massey or any others.

Col. Barton.: I shall give you a true narrative of that, I understood, my Lord, that after the prisoners that were taken at Dunbar were come down the river, there were divers citizens, both men and women, that came to see them, and made a relation of their misery to be such, as I have not heard; and there was one among the rest, that said there was a piece of meat reached down among the prisoners, and two or three catching at it, it fell down among the dung, and they took it up, and ate it; there were divers did move for a contribution to them, and it was a pretty while before I did contribute any thing; there was Captain Far with me, and desired me to give him some money, and he did not propose the use; but to my best remembrance, it was either for charitable uses, or for some in misery. Now I was loath to ask him for what charitable use, because I did not desire to be known to give such a sum of money to the Scottish prisoners. I had a little money which I had devoted to charitable uses in my own purpose: When the Parliament granted my petition for reimbursing the money I lent, I did promise fifty pounds to charitable uses; and this, I confess, I did intend for the Scottish prisoners, but was loath to ask him, because I would not be thought charitable to your enemies; but did it not under that relation.

Att. Gen.: Mr. Jaquel, you know William Drake and Mr. Love very well, do you not know that Mr. Drake and Mr. Love, were very familiarly acquainted?

Jaquel.: I must needs say, Mr. Drake would be acquainted with all the ministers in London; and I cannot say, he was more acquainted with Mr. Love, than with any other minister.

Captain Far is called into the Court, and is sworn.

Att. Gen.: My Lord, let him acquaint you with what passed at the White Hart in Breadstreet.

Cap. Far,: I desire the benefit of my papers.

Att. Gen.: At whose request did you come to the White Hart in Breadstreet, and when was it?

Far.: By William Drake.

At. Gen.: Was that the first time you were acquainted with any thing of this nature, for carrying on and prosecuting of an order, to the furtherance of an agreement between the Scots, and the King? What do you know of that, at what time was the meeting?

Cap. Far.: It was about two years since.

At. Gen.: What was the discourse at that meeting?

Cap. Far.: It was the drawing up of some heads of a letter, which might be sent to Scotland.

At. Gen.: What was the effect of it?

Cap. Far.: It was to this effect, to the best of my memory; for it is so long since.

Here Captain Far was at a stand, whether through infirmity of speech (for he seemed to be slow of speech) or otherwise, I cannot say; and he or the Attorney General for him, made great use of the papers of his examination.

At. Gen.: To desire them, the better to bring them to an agreement, that there might be moderate propositions.

Cap. Far.: It was to moderate their desires in the agreement, between the King and the Scots.

At. Gen.: What to do?

Cap. Far.: That they might abate of their demands.

At. Gen.: Of their former demands, that they might be the more like to agree; was it not so?

Cap. Far.: Yes, my Lord.

Att. Gen.: Was it not propounded likewise, that some should be sent to the King, to persuade him to give satisfaction to the Scots?

Far.: It was propounded by Titus, but not approved of.

Att. Gen.: But did you not agree to send to the Scots that you did agree to, and were there not heads which Titus, or Drake, did undertake to write, and afterwards were drawn up?

Far.: I saw no letters.

Att. Gen.: But did not Drake tell you he had sent them to Master Baily in Scotland? [Captain Far being at a stand, the Attorney General asks him again.] Did not William Drake tell you, a letter was sent accordingly into Scotland?

Far.: Yes he did tell me, he had sent letters.

Att. Gen.: My Lord, let him give your Lordship an account before the treaty at Jersey, where Drake met with him, and what he propounded to him, whether to send to Jersey, and what persons, and upon what message?

Far.: Mr. Drake did say, that Captain Titus did say, it was requisite for one to be at the treaty at Jersey, and I had it from Drake, that Titus did undertake to go himself there.

Att. Gen.: What was his employment to be there, and what money was to be raised for him? — Did he tell you he wanted money?

Far.: After Mr. Drake desired, I would help him to ten pounds, and Titus was in want of money to relieve his necessities; and upon this request I did leave ten pounds in Mr. Drake's warehouse. Was Drake present?

Far.: I think he was, I was promised it again, but never received it.

At. Gen.: My Lord, let him inform after this negotiation of Titus was ended at Jersey, whether there was not a letter written by Titus, and whether this was not read in the presence of Mr. Love, and some others, and whether at Mr. Love's or no?

L. Pres.: Upon the ending of the treaty at Jersey, and Breda, were you not present at Mr. Love's house, when it was signified from Titus, that it was not convenient for him to come into England, because he thought he was discovered to the Council of State, and desired some body to be sent to Calais to take an account there of his negotiation?

Far.: Yes, my Lord, I was there.

Att. Gen.: Where, at Mr. Love's house?

Far.: Yes.

Att. Gen.: In what part of his house, whether in his chamber, or study?

Far.: In his study, as I remember.

Att. Gen.: Was the letter read there, and who read it?

Far.: William Drake read it.

At. Gen.: What was the substance of the letter, as you remember?

Far.: It was for sending one over to Calais.

At. Gen.: Was Mr. Love present when this letter was read?

Far.: Yes sure, he was present.

Att. Gen.: Was it agreed that one should be sent to Calais, to take an account of it.

Far.: It was desired, and I was proposed to go.

Att. Gen.: Who named you to go?

Far.: Mr. Drake.

Att. Gen.: What was the occasion that Major Alford did go?

Far.: It was his son's being there, that was gone from him.

Att. Gen.: But then it was agreed that Alford should go? When Alford did return from Calais again, and there was an account given of his employment, where was this account given? And where were those papers read that did give the account?

Far.: It was given at Mr. Love's; but I cannot say, he was present at that, for he was absent sometimes; I cannot be positive to say he was present: I do conceive he was present, but cannot positively say it.

Att. Gen.: What was the substance of the account given by Alford, or Drake, or who read it?

Far.: It was a narrative that he had been at Calais, and what entertainment he had.

Att. Gen.: Was there a copy of a letter brought there written from the King to the Presbyterian party?

Far.: I cannot say, he brought it.

Att. Gen.: What was the substance of the letter?

Far.: To send commissioners to the treaty at Bredah.

Att. Gen.: What else was in the letter? Did not the King of Scots declare in the letter, that he would give satisfaction to the Scots, and in order to that he desired commissioners?

Far.: It is so long since, that I cannot remember it.

Att. Gen.: I ask you, whether it were not to this effect, to declare that he was willing to give satisfaction to the Scots, and to that end desired the Presbyterian party to send commissioners to Bredah?

Mr. Love.: This is gross darkness, for you to dictate words to him, and then to say, Was it not thus, or to this effect? And so to put into the mouths of the witnesses what you would have them say.

Att. Gen.: When you go in darkness, it is gross treason.

Mr. Love.: Eight witnesses have not proved, that I either [reconstructed: writ] letter, or received letter, or lent money.

Att. Gen.: What was the effect of the letter?

Far.: It is so long since, that I cannot speak particularly, but it was to send commissioners.

Att. Gen.: The copy of the letter that came from the King by Major Alford?

Far.: I do not say so, Sir.

L. Pres.: Such a letter as they conceived to be brought from him, as they read.

Att. Gen.: What was that?

Far.: That he had been with Titus, and did bring the narrative from him, or to that effect.

Att. Gen.: Was it not to be communicated?

Far.: Yes, it was so.

L. Pres.: What was the narrative read from Titus? Who were present at this meeting?

Far.: There were several there, but I cannot positively remember any.

Att. Gen.: Was Mr. Love there?

Far.: I cannot say he was.

L. Pres.: Was Doctor Drake there?

Far.: I cannot say positively, that he has been at any meetings.

L. Pres.: When you were of this meeting, and Major Alford returned this at Mr. Love's house, was Doctor Drake there?

Far.: I cannot say it.

L. Pres.: Was Mr. Jenkyns there?

Far.: I cannot say it.

L. Pres.: How many were there?

Far.: About ten, or twelve.

Att. Gen.: Ask him, whether this meeting, when this letter came from the King, advising to send commissioners to treat with the King at Bredah? Whether was there not a commission named, and persons named to treat?

Far.: William Drake read papers, but it was not agreed upon by the company, because private persons could not give commissions.

L. Pres.: Was it not debated at that meeting for a commission to be sent accordingly?

Far.: Wil. Drake read papers there, that was in the nature of a commission, but it was not agreed upon by the company, because private persons could not do such a thing.

L. Pres.: Was it not in order to the treaty?

Far.: It was to advise with them about the treaty.

Att. Gen.: Was it not read in the presence of the company?

Far.: The commissions and instructions were read in the presence of the company, but they were not agreed upon.

Att. Gen.: Was it not in the name of the Presbyterian party in England?

Far.: As I do remember, the commission was in the name of the Presbyterian party, for I did but only hear it read.

Mr. Love.: Let him speak viva voce.

Far.: To the best of my remembrance, it was for the Presbyterian party, but positively, I cannot say so; My Lord, it's two years since, and as near as I can remember, it was so.

L. Pres.: The commission you say, was not agreed to, but the letter and instructions were?

Far.: William Drake did undertake to draw them up.

L. Pres.: Were they drawn up, and sent? I am not able to say they were.

L. Pres.: Who were to be the commissioners?

Far.: My Lord Willoughby of Parham, Alderman Bunce, Major General Massey, Colonel Graves, Captain Titus.

Att. Gen.: What were they to do?

Far.: To advise, but not to treat in the behalf of the Presbyterian party.

L. Pres.: Not in the behalf of the Presbyterian party?

Far.: No.

Att. Gen.: Was there not an agreement of letters to be sent to the Queen, and no proposals that way?

Far.: No, my Lord.

L. Pres.: What was the substance of that letter read?

Far.: It was, as I remember, to have the Queen persuade the King to give satisfaction to the Scots in their just demands.

Att. Gen.: Was it not moved then to be debated what power they had to send a commission, and by what authority they should do it, and by whom was it spoken?

Far.: It was demanded, what authority had private men to send commissioners?

Att. Gen.: Did you not go afterwards with some over into Southwark?

Far.: Yes.

Att. Gen.: Where did you go?

Far.: I went with Major Alford, and with Alderman Bunce his son, and I went to Gravesend.

Att. Gen.: What other company was there?

Far.: No body else, nor had I gone, but at the request of Master Alford.

Att. Gen.: Did you know that Mason went?

Far.: There was no such man went along with us.

Att. Gen.: Did no body tell you that Mason went with the instructions agreed upon?

Far.: There was a gentleman we met with at Gravesend, that I conceive to be that Mason.

Att. Gen.: Did he carry the instructions?

Far.: I cannot tell.

L. Pres.: Did no body tell you so?

Far.: Not as I remember, I did not see any delivered to him.

L. Pres.: Do you believe he carried them out of these circumstances you heard?

Far.: Yes, I believe he did, I am upon my oath, and to say positively, I cannot.

Att Gen.: Were there not letters left at your house, and for whom, and what did you with them?

Far.: There was at my brother's house letters left, but they were returned.

Att. Gen.: But for whom were those Letters?

Far.: They were directed to William Drake by Titus.

Att. Gen.: Were you at Colonel Barton's house at the Fast?

Far.: I was.

Att. Gen.: Who officiated there, was Mr. Love one of them?

Far.: I cannot say positively, I believe Mr. Love did.

L. Pres.: Do you believe, Mr. Love was one of them?

Far.: I conceive he was one of them, and Mr. Robinson.

At. Gen.: Did he not pray for a blessing upon the Treaty, between the King and the Scots?

Far.: That was done, but I cannot say it was by Mr. Love; but these words were said there.

At. Gen.: Were you at a meeting at Mr. Love's, after the fight at Dunbar, a remarkable time to this Nation?

Far.: I was there, but came in late.

Att. Gen.: Were you there, when a Letter was read from Massey?

Far.: I did not hear it read.

L. Pres.: What do you know of it?

Far.: There was such a Letter came, to assist the King with Money and Arms; but it was not agreed upon.

L. Pres.: Do you swear such a Letter came?

Far.: I cannot swear positively.

L. Pres.: Did the Gentleman tell you so?

Far.: He did tell me so.

L. Pres.: The letter did write likewise for Arms and Ammunition, did it not?

Far.: Yes, and for money.

L. Pres.: Did not Mr. Love tell you, they could not do it.

Far.: I did understand it was Mr. Love.

Att. Gen.: Did not Mr. Love tell you, they agreed to raise a sum of money for Massey, and Titus, and Graves, and some of them?

Far.: Yes, he did.

At. Gen.: What was the sum of money, and for whom was it agreed upon; did Mr. Love tell you so?

Far.: I say Mr. Love did tell me, it was agreed upon for the sending of some money, whether 250 or 300 l. I cannot say positively; and it was to relieve Massey and Titus in their necessities.

Att. Gen.: Did not Mr. Love move you to contribute to this? and what did you contribute?

Far.: Mr. Love asked me, and I did promise five pounds, and brought five pounds, and laid it down upon his Table.

At. Gen.: Who was in the Room then?

Far.: There were several.

L. Pres.: Do you know none of them?

At. Gen.: Mr. Love says, he has neither writ, received, nor sent; but he does not say, he did not mend letters.

Far.: I brought five pounds in a Paper, and laid it upon his Table.

L. Pres.: And was he in the Room?

Far.: Yes, my Lord, but I cannot say, any else was.

Att. Gen.: I could tell you who there were more; Mr. Case was there too: my Lord, ask him if it were not agreed between them, that it should be so brought.

Far.: As I did understand it was so; it was so for my particular, but I cannot say it of others.

Att. Gen.: Did not Mr. Love speak to you to that purpose, to bring it in that way?

Far.: I cannot say he bid me lay it down.

L. Pres.: What was the manner of Mr. Love's requiring of you, or notifying of it to you, and the manner of your pursuit of that?

Here Captain Far was at a stand, and made no answer.

Att. Gen.: I will make it very short, Whether this were not done, that there might be no discovery of it?

Far.: It was done to that effect, that there should be no discovery of it, I did it under that [reconstructed: notion].

L. Pres.: And do you not think Mr. Love conceived it under that notion?

Far.: I cannot say he did.

Att. Gen.: Were you not spoken to by Cap. Massey, to speak to Colonel Barton to lend money?

Far.: I did speak to him.

L. Pres.: What was that?

Far.: Ten pounds, as I conceived, for I received it from him in a Paper.

Att. Gen.: To whom did you deliver it?

Far.: To Cap. Massey, Massey's Brother, my Lord.

L. Pres.: You received it from Col. Barton; Cap. Massey bid you speak to Col. Barton for a sum of money, and he gave it to you, and you gave it to Cap. Massey.

Att. Gen.: Was the money, as you conceived, returned to Massey and Titus?

Far.: I cannot say it was.

L. Pres.: Do you believe it was desired to be raised to that purpose; and do you think it was done according to that purpose?

Far.: I do not know.

Att. Gen.: Whether do you conceive, that this money you thus brought to Cap. Massey, was not for Massey and Titus?

Far.: I do conceive it was.

At. Gen.: And was not Mr. Love commonly at your meetings; and whether, after Drake went away, the meetings were not at his house?

Far.: I met with Mr. Love often at his own house.

Att. Gen.: This money was taken up under the notion of a charitable use.

Far.: I do conceive it was given them under that notion.

Mr. Love.: Sir, He gave you a large account of the negotiation with Titus, Pray ask him if I were privy to it.

Far.: I cannot say so.

L. Pres.: Do you believe it?

Mr. Love.: You say the copy of the King's letter (you suppose) that was brought over by Alford, was read at my house; whether did I hear the letter read in my house?

Far.: I cannot say you did.

L. Pres.: Was not Mr. Love, when the letter was communicated, sometimes in the room, going, and coming?

Far.: I cannot say when it was read, but I say he was there during some part of the communication, but I cannot say he was there at the reading of the letter.

At. Gen.: These are good questions, my Lord.

Mr. Love: The Court will judge of that.

L. Pres: But do you not conceive that he understood the contents of it?

Far.: I do conceive so:

Mr. Love: But he does not say, it was so. He said there was a Narrative read from Titus, I desire your Lordship to ask him whether I was present while the Narrative was read yes, or no.

Far.: I cannot say any thing to that, I cannot swear he was there.

Mr. Love.: Ask him whether I did not go often out of the room.

Far.: I did observe that when Mr. Love has been there, he has been often called away, and has been absent, and therefore I cannot say such a thing was done when Mr. Love was there.

Att. Gen.: He has before proved it upon oath, that he was there sometimes.

Mr. Love.: But look before, and he said, he could not say I was present when it was read.

Mr. Love.: This Narrative, whether was it a copy written by Alford, as news brought over, or the copy written by Titus himself?

Far.: Alford said it was a Narrative from Titus.

Mr. Love.: Pray ask him whether I did send Alford over yes or no, or agreed to the sending of him over.

Far.: I think he did not, but he was sent by William Drake.

Mr. Love.: My Lord, whether was he not privy to it? he told you Titus his letter was writ before Alford went.

Far.: But it was not agreed upon.

Att. Gen.: Titus his letter that he writ, that some might come to him, to receive an account of him, was read at Master Love's house.

Mr. Love.: I move this question, because Alford, who was the man sent, confessed that William Drake sent him. He pretended there was a Commission read in my house, I desire to know when or at what time, whether before the 29th of March, 1650.

Far.: I am not able to speak to the time, it is about two years since, or something under.

Mr. Love.: I desire Sir, to ask him this question, whether the rude draft written by William Drake, or the original copy was sent away.

Far.: There was only a rude draft that Drake read, and then afterwards Drake was to draw it up.

Mr. Love.: Ask him whether I gave my consent to the sending away of this Commission?

Far.: I cannot say Mr. Love was there when it was sent away.

Att. Gen.: Did Mr. Love make any protestation against it?

Far.: It was agreed by all, that the Commission could not be sent.

Mr. Love.: Ask him, whether I did not declare in the Company, when there was such speech of commissioning, that it was a high act of presumption for private persons to commission any, and a notorious falsehood, to say it was an act of the Presbyterians, and whether did not I declare myself against sending the Commission?

Far.: I did say, it was agreed upon by all, that we could not send the Commission.

Mr. Love.: I can prove, if I may have the witnesses indemnified, that I declared against any Commission.

L. Pres.: Mr. Love has declared then he knew of the Commission.

Mr. Love.: I acknowledge the disavowing of any Commission, I gave my reasons for it.

Att. Gen.: My Lord, I hope you will remember what the Prisoner says.

Mr. Love.: I do not own anything about concurring with any Commission, but only disavowing of it. After Dunbar fight, he says, he came late, and he cannot tell whether the letter was read at my house, only he says, I told him so; and whether was that the letter, or a copy of it.

Far.: I cannot say that.

Mr. Love.: The most that I have done, is but to receive news, and I hope I shall not die for that: Was this letter of Massey written to me?

Far.: I have said already, I cannot say so.

Mr. Love.: I would be glad to be freed in Court.

L. Pres.: You are a very free man indeed.

Mr. Love.: He speaks of a sum of two hundred and fifty pounds, or three hundred pounds, sent to Massey, and Titus, pray ask him, whether I did agree that it should be sent?

L. Pres.: Did he disagree?

Far.: I said, it was agreed to, but by whom, I cannot say.

Att. Gen.: Did Mr. Love at that time disagree?

Far.: I cannot say, he did.

Mr. Love.: Did I move Captain Far, or say, Captain Far, will you contribute five pounds to Massey, or Titus, or any money?

Far.: You asked me the question, what I would do?

Mr. Love.: But for Massey, and Titus?

Far.: I did conceive, it was for Massey, and Titus.

Mr. Love.: He says, he laid it in my house, and he so far justifies me, that he cannot say I received it, and God is my witness, I never did see it in my life: If another man agrees to receive money in my house, I hope the Court will not judge me for it.

L. Pres.: It is an easy matter for you to take it, and convert it to another use.

Far.: I do conceive that Captain Massey had the money.

Mr. Love.: Now you clear me; another man brings the money, and I do not order him to bring it, and another receives it, and not I.

Captain Far withdraws.

Att. Gen.: Now my Lord, we shall conclude in a very short word, with a Minister to a Minister.

Master Jackson the Minister is called into the Court.

Mr. Jackson.: Sir, I dare not swear.

L. Pres.: Dare you testify the truth, when God calls you to it? for God will appear in no other vision than in the power of Magistracy.

Mr. Jackson.: I dare not speak against this man's life.

L. Pres.: Dare you speak the truth before a Magistrate?

Mr. Jackson.: That that I say is this, that I look upon this man, as a man very precious in God's sight; and my Lord, I fear I should have a hell in my conscience to my dying day, if I should speak anything that should be circumstantially prejudicial to his life; and in regard of these terrors of the Lord upon me, I dare not speak.

Att. Gen.: I think all the Jesuits in all the Colleges have not more desperate evasions or shifts from the purpose than these men have. My Lord, you now see what a desperate combination here is, that men being before authority, and in the face of Magistracy, in such a Court as this is, so eminent in the presence of it, and so authorized as this is, that men should dare to dally as they do, and that Ministers should say, they dare not speak the truth, not when treason is hatched and contrived, they dare not speak the truth; that this man should be more precious, though a traitor, than the Commonwealth which should be preserved. I hope we shall root these opinions out, or some of the parties that hold them: that I will say.

L. Pres.: Master Jackson, you are one of the parties in these meetings, you have been at their meetings, and we require nothing of you but to speak the truth. Saint Augustine will tell you, that to conceal a truth, or tell a lie, you had better let the world fall about your ears: you are required nothing but to speak the truth, and will you say this truth will be a torment to your soul? Are you a Professor of Jesus Christ, a Minister of God? The great errand you are sent here about, is, to speak the truth from him; therefore lay your hand upon your heart, and do as becomes you as a Christian, and as a rational man, and as one that will tell truth, for by the Truth the world stands: we are all no better than savage men, if we have not judgment to tell truth one to another.

Att. Gen.: My Lord, Suppose Mr. Love should kill one of these men, (that do hear the debate) in the presence of Mr. Jackson, and he should be called to give evidence, and refuse it; he may take away any man's life; personal respects should be set aside, when we come to judgment. You see, my Lord, the person of this man, how it is preferred by this man. That which is the truth, you are required to speak, and nothing else.

L. Pres.: Have you any oath or promise among your combiners, to be secret in this business?

Mr. Jackson.: Never in my life, my Lord.

L. Pres.: Will you take your oath?

Mr. Jackson.: I dare not, my Lord.

L. Pres.: What is your reason?

Mr. Jackson.: I have told you my Lord, and I will tell you it again, I am a man of a troubled spirit, and I dare not do anything that should cause a hell in my conscience to my dying day.

L. Pres.: Do you look to die?

Mr. Jackson.: Yes, my Lord.

L. Pres.: And do you expect to live again?

Mr. Jackson.: I trust in Jesus Christ I shall live again.

Att. Gen.: My Lord, I desire your Clerk may be commanded to give him his oath, and [reconstructed: be] required to take it.

The Clerk tenders him the oath.

L. Pres.: Will you take this oath, or not?

Mr. Jackson.: No, my Lord.

L. Pres.: Then I think you are the men that were spoken of before, Jesuits and Priests: they say, you are none, but you are their brethren.

Att. Gen.: My Lord, these go beyond Jesuits, the Jesuits will swear with a reservation, and these will not swear at all; this man must be proceeded with accordingly, for if this be allowed, I conceive there will be no justice in England. And in respect of the quality of his person, function, and gravity, by so much is it a more pernicious example, and it aggravates the thing every way.

L. Pres.: Let it be known here, that it may be dispersed abroad, and I think there are some of most counties of England. And this has gone forth, this very plot is secretly spread with some chief ministers throughout all England.

Att. Gen.: This right they have done to many of them, that I believe it will make a more severe inquisition into these persons, than otherwise there would be: it is not blood that is looked after, but confession and contrition. I am glad that those that are not clergymen do come in; and the clergy will not confess at all.

The Court consults a while.

L. Pres.: Master Jackson, For your refusing to swear, the Court fines you five hundred pounds, and imprisonment during the pleasure of the Court.

The Keeper of the Fleet is called upon, and commanded to take him into custody.

Mr. Love.: My Lord, I have some motions humbly to make to this Court. The first is, to entreat your Lordship, and the rest of the members of this Court, that if I have let fall any expressions through inconsiderateness, or for want of skill in the Law, that have been an offense either to your Lordship, or to any, I beseech you, if I have spoken any derogating expressions, or made any unseasonable motions, that you would impute it to my ignorance.

L. Pres.: None of them shall hurt you.

Mr. Love.: Then I entreat this favor, that I may have counsel assigned me, and solicitors here in Court, and in my chamber at the Tower, and a copy of my charge, and convenient time, as the nature of the business requires, my charge being long, and I have not read a word of it, nor the depositions: that I may have, I say, counsel assigned me, and convenient time to bring in my answer; and I am confident, through the good hand of God upon me, I shall clear myself of all the treasons charged upon me, and of all their aggravations, through strains of wit, and quillets of law, by instruments of State; I am confident, I shall clear my innocence, that I shall not stand a traitor before you.

L. Pres.: They being instruments of State, are instruments of God, appointed by the State. For your time, you have all this afternoon. Are you not ready?

Mr. Love.: I was yesterday nine hours locked up in that close room, and in this place, and I could not read one word last night, not out of trouble of mind, but through weariness, being kept so many hours in the Court.

Att. Gen.: My Lord, he has had a fortnight's notice of his trial to prepare for it; My Lord, we have been two days, and by the course of proceedings, if the Gentleman had had his trial by a Jury, both must have been dispatched in one day. We are appointed to go on to hear his defense now, or else on Monday.

Mr. Love.: I desire a convenient time to bring in my witnesses, to make it appear how the witnesses against me contradict themselves; I have not yet read the depositions of one man, and I cannot read the depositions by Monday, and tomorrow is a day that some time of it should be spent in other employments.

L. Pres.: To do justice, you must run out of the Church, and though you were at your prayers, you must forsake praying and Sabbaths, to do justice; Sir, this is of a higher nature than all your preaching, and praying.

The Court consults a while together.

L. Pres.: The Court all agree to give you till Wednesday eight o'clock in the morning.

Mr. Love.: I desire that I may have counsel here, and in my chamber.

L. Pres.: You have shown nothing these two days, that raises any doubt in matter of Law.

Mr. Love.: There are some things in my charge, that I doubt this Court cannot take cognizance of, something in those acts, and something in respect of the time. It is matter of law, whether the act speak of sending, or receiving letters, or messages. And here are eight witnesses come in, and never a man proves that I received letter, or sent letter, or lent any money. And this I conceive is matter of law, whether the acts reach, being present only where other men lay down money.

L. Pres.: You have had counsel?

Mr. Love.: My Lord, I have had none.

Att. Gen.: For counsel, you are to send him none, my Lord; he has his liberty, he has recourse for all the people in England to come to him.

Mr. Love.: Counsel have refused to come to me, I have there letters about me. [Here he reads the letters of some Counselors which they sent to him to the Tower, declaring they could not come to him unless they were assigned by the Court.]

Att. Gen.: All that we can say to you, is, that Counsel may come to you, if they will.

Master Love is commanded away, and the Court adjourns till Wednesday.